Kadmiri v. Rich et al

Filing 34

ORDER that Defendants motion to dismiss 29 is denied as moot. Signed by Judge Miranda M. Du on 8/8/12. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOEY KADMIRI,

Case No. 2:11-CV-00857-MMD-PAL
Plaintiff,

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v.

ORDER

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(Defendants’ Motion to Dismiss –
dkt. no. 29)

JASON RICH, and JOHN HOFFMAN,
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Defendants.
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The Court granted Defendants’ motion to dismiss based on Plaintiff’s failure to

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respond under Local Rule 7-2(d) and based on the merits of the motion. (dkt. no. 26.)

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Defendants subsequently filed another motion to dismiss. (dkt. no. 29.) The Court now

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addresses this second motion to dismiss.

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In its motion, Defendants suggest that Plaintiff apparently no longer receives mail

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at the address on file with the court because service of a demand for jury trial by mail to

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Plaintiff was returned before the Court’s issuance of the Order on Defendants’ first

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motion to dismiss. Defendants move for dismissal based on Plaintiff’s failure to

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prosecute his claims. However, the Court granted dismissal based on the merits. (See

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dkt. no. 26.) While Defendants’ motion to dismiss offers an additional argument for

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dismissal, such additional ground is unnecessary.

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IT IS THEREFORE ORDERED that Defendants’ motion to dismiss (dkt. no. 29) is

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denied as moot.

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DATED THIS 8th day of August, 2012.

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UNITED STATES DISTRICT JUDGE
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